HomeMy WebLinkAbout2002-03-12 - AGENDA REPORTS - PARATRANSIT PROP A FUND (2)CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval: JIV
Item to be presented by: en Pulskamp
DATE: March 12, 2002
SUBJECT: PROPOSITION A PARATRANSIT INCENTIVE FUND MEMORANDUM
OF UNDERSTANDING
DEPARTMENT: Transportation & Engineering Services
RECOMMENDED ACTION
City Council approve the Memorandum of Understanding (MOM with the Los Angeles County
Metropolitan Transportation Authority (MTA) that allows the City to receive $250,884 in
Proposition A Paratransit Incentive Funds; and authorize the City Manager or designee to
execute the Memorandum of Understanding, subject to City Attorney approval.
BACKGROUND
Since the initiation of paratransit (Dial -A -Ride) service by Santa Clarita Transit in 1991, the
City has received Proposition A Incentive Funds for paratransit service. The annual payment
has grown gradually over the years to the Fiscal Year 2001/02 fundmark of $250,884. The
amount of funds received is based on a percentage of the total cost of the program and a bonus
based on achieving three efficiency and effectiveness measures. Santa Clarita Transit
continues to meet the three criteria; therefore, the City will receive the maximum amount
possible under this program.
The MOU proposed by the MTA will cover a five-year period commencing with Fiscal
Year 2001/2002 and ending in Fiscal Year 2005/2006. The funds can be used for paratransit
operations and capital expenses. The City uses these funds for Dial -A -Ride operations.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
The adoption of this MOU allows the City to receive Proposition A Paratransit Incentive Fund
revenue allocations for Fiscal Years 2001/2002 through 2005/2006. These funds have been
previously anticipated within the Transit financial forecasts, and do not represent new or
additional funding.
ATTACHMENT
Memorandum of Understanding to Allocate Proposition A Incentive Funds
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PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING
FOR SUB -REGIONAL PARATRANSIT SERVICES
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WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by
majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit
purposes; and
WHEREAS, the City of Santa Clarita ("GRANTEE") has requested funds under the
Proposition A Discretionary Incentive Program ("Program") to provide specialized transportation
service in conjunction with the County of Los Angeles in accordance with the requirements of the
Proposition A Incentive Program Guidelines, adopted September 26, 2001, ("Guidelines"); and
WHEREAS, the MTA defines a sub -regional paratransit program as a consolidated specialized
transportation service that serves two jurisdictions or more with a minimum of 25,000 residents or any
three nearby jurisdictions, or in the case of an unincorporated county area, a two jurisdiction program
in which the County portion is at least one-fifth (115) the population of the coordinating city; and
WHEREAS, at its June 28, 2001 meeting, the MTA authorized the GRANTEE to receive
funds under the Program; and
WHEREAS, the MTA has approved the following goals for implementation of the Program:
Coordinate and improve services provided by cities, operators, and social service
agencies to achieve more efficient and cost effective systems;
2. Improve the mobility of persons for whom regular fixed route transportation is either
inadequate or inappropriate;
3. Encourage the use of local transit funds for projects of regional significance and
benefit, such as the provision of Americans with Disabilities Act (ADA)
complementary paratransit;
4. Provide more cost efficient locally funded sub -regional paratransit systems as an
alternative to the more costly Access Services Incorporated (ASI).
NOW, THEREFORE, MTA and GRANTEE hereby agree to the following terms and procedures for
transfer of the Discretionary Incentive Grant funds ("Program Funds"):
ARTICLE 1 TERM
1.0 This Memorandum of Understanding ("MOU") will be in effect from July 1, 2001 through
June 30, 2006 unless terminated earlier as provided herein.
ARTICLE 2. SERVICE STANDARDS
2.0 The GRANTEE shall use the Program Funds to provide specialized transportation services (the
"Project") to eligible paratransit users as a coordinated transportation program with the
agencies as specified in this MOU and in accordance with the Program Guidelines.
2.1 GRANTEE shall document coordination activities with existing transit services and with
participating local governments. This documentation shall consist of executed agreements,
joint resolutions, and/or approved implementation plans. Within 90 days from the date the
MTA board approves initial funding marks for this program, GRANTEE shall provide such
documentation to the MTA prior to receiving any Program Funds for the applicable Fiscal
year.
2.2 In order to be eligible for the Program Funds, GRANTEE shall:
A. Operate as a consolidated Sub -Regional Paratransit Program;
B. Use all Program Funds to increase the number and mobility of the passengers
carried. Incentive funds may not be used to reduce a city's or Los Angeles
County's contribution of Proposition A and/or C Local Return or other funding
sources;
C. Coordinate proposed services, including executing appropriate transfer
agreements with adjacent systems, social services agencies, and the regional
operators; and,
D. Where applicable, coordinate American With Disabilities Act (ADA) trips to
assure cost-effective service provision.
ARTICLE 3. ESTABLISHMENT OF ANNUAL FUNDMARK
3.0 Each fiscal year, to the extent the Program Funds are available, MTA staff will develop
funding marks for the Sub -Regional Paratransit Program to be funded that fiscal year (the
"Annual Fundmark"). The Annual Fundmark will establish GRANTEE's share of the funds
for the Sub -Regional Paratransit Program to the extent the Sub -Regional Paratransit Program is
funded that fiscal year. GRANTEE shall have the opportunity to review and comment on the
Annual Fundmark prior to the MTA staff submitting the Annual Fundmark to the MTA Board
for approval. MTA Board approval will be required annually prior to fund disbursement.
3.1 For each fiscal year covered by this MOU, MTA will allocate GRANTEE's share of the funds
pursuant to the Annual Fundmark for that fiscal year as approved by the MTA Board. MTA
staff will apply performance standards as described below. In no event will the Annual
Fundmark exceed 25% of net operating costs of the applicable year. Included as Attachment A
is the Annual Fundmark for the Sub -Regional Paratransit Program for FY 2002.
3.2 The Annual Fundmark shall be determined by GRANTEE's attainment of performance
standards described in Section 3.3 below during the year which is two fiscal years prior to
the current year and in compliance with this MOU. For example, GRANTEE's performance
in FY 00 shall determine the amount of Program funding GRANTEE receives in FY 02. Fol
each fiscal year, determination of GRANTEE's performance standard attainment shall be
based upon audited data described in Article 5. Notwithstanding the two year lag time in
payment, the final year of the term under this MOU is the final year for payment under this
MOU.
3.3 Establishment of the Annual Fundmark will be based upon GRANTEE's attainment of the
following performance standards:
Standards Met as Specified
In Exhibit A to the Guidelines
Amount of net operating costs
up to grant amount
• Submittal of timely and accurate
NTD report for the proiect
15%
ase fundin
• Meet one performance standard
+4%
19% total
• Meet two performance standards
+7%
22%total
Meet three verformance standards
+10%
25%total
* Net operating costs shall be calculated as provided in the Guidelines.
3.4 GRANTEE's project is initially considered to be in the Geographically Constrained modal
category. MTA reserves the right on an annual basis to move Project from one modal
category to another based upon average trip length and/or changes to customer eligibility
requirements.
ARTICLE 4. QUARTERLY REPORTS AND INVOICES
4.0 GRANTEE shall submit quarterly reports detailing expenditures to date and project status on a
quarterly basis. All quarterly reports will be due on the last day of the months of October,
January, April and July. Funds may be withheld if quarterly reports are not completed and
submitted on schedule.
4.1 Requests for reimbursement to GRANTEE shall be made by the GRANTEE submitting
invoices quarterly. Invoices shall be submitted along with quarterly reports as stipulated
above. MTA shall pay for those reasonable and allowable costs actually incurred by
GRANTEE, not to exceed the Annual Fundmark amount stated in Attachment A in
providing the specialized transportation services described herein.
4.2 Net operating costs shall be calculated as provided in the Guidelines. Final payment shall be
based on results of the audit as described in Article 5. If MTA overpaid Program funds to
GRANTEE, GRANTEE shall return the amount of Program funds in excess of what
GRANTEE should have received under this MOU within 30 days of notice. If GRANTEE
fails to make such payment within the 30 days, GRANTEE hereby authorizes MTA to offset
funds from future payments due to GRANTEE.
ARTICLE 5. ANNUAL AUDIT AND REPORTING OF NATIONAL TRANSIT
DATABASE (NTD)
5.0 In accordance with Federal Transit Administration (FTA) requirements, GRANTEE shall be
audited by the MTA on an annual basis. Audits are intended to confirm fiscal compliance and
verify operating statistics reported as part of the quarterly and annual NTD reports.
5.1 The audit shall include all operating expenses and operating information including, without
limitation, such expenses and information from GRANTEE or any other agencies that directly
or indirectly receive Program Funds. GRANTEE shall cooperate and provide information as
requested by the MTA or its representative. GRANTEE shall also maintain original source
data for a minimum of three years after the completion of each year's annual audit.
5.2 Audit findings must confirm fiscal compliance and verify operating statistics allowing MTA to
report data in MTA's NTD report. If audit findings indicate that GRANTEE's project data
cannot be included in the MTA's NTD report for the given year, the GRANTEE is not
eligible to receive Program funds.
5.3 GRANTEE shall submit annual NTD data to MTA by August 31 of each year, unless
GRANTEE intends to report NTD directly to the FTA. If reporting NTD to FTA directly,
GRANTEE is requested to provide MTA with a copy of the NTD report, the independent
auditors statement, and verification that FTA accepted the report.
ARTICLE 6. CONDITIONS
6.0 GRANTEE agrees to comply with the applicable sections of the Guidelines, all applicable
local, State and Federal laws, rules and regulations in the provision of public specialized
transportation services.
6.1 The MTA or their representative may perform field visits at various times throughout the term
of this MOU to determine compliance with Federal, State, and Program requirements.
6.2 GRANTEE understands and agrees that in programming the Program Funds and entering into
this MOU, the MTA is acting pursuant to its statutory authority and shall have no liability in
connection with GRANTEE's use of the Program Funds. GRANTEE shall indemnify, defend,
and hold harmless the MTA and its officers, agents, and employees from and against any and
all liability and expenses including defense costs and legal fees and claims for damages of any
nature whatsoever, arising out the performance of the GRANTEE, its officers, agents,
employees, and subcontractors in: i) the provision of the public specialized transportation
services paid for by the Program Funds including, without limitation, any costs or liability on
account of bodily injury, death, or personal injury of any person or for damage to or loss of use
of property; ii) GRANTEE's use or misuse of the Program Funds; and/or iii) a breach of this
MOU.
6.3 GRANTEE is not a contractor, agent or employee of the MTA. GRANTEE shall not represent
itself as a contractor agent or employee of the MTA and shall have no power to bind the MTA
in contract or otherwise.
6A GRANTEE is required to meet the maintenance of effort requirements as specified in the
Guidelines. GRANTEE's failure to meet such requirements may reduce the Program funds
GRANTEE receives hereunder.
6.5 GRANTEE shall document coordination activities with existing transit services and with
participating local governments. This documentation shall consist of executed agreements,
joint resolutions, and/or approved implementation plans.
ARTICLE 7 PENALTIES
7.0 In the event the GRANTEE materially defaults in any of its obligations hereunder, including,
without limitation, failure to meet the requirements identified in the Guidelines, MTA may
declare a default by written notice to the GRANTEE. The notice shall specify the basis for the
default. The MTA reserves the right to withhold funds and to terminate this MOU unless such
default is cured before the effective date stated in such notice which shall be not sooner than
ten (10) days after the date of the notice. The GRANTEE shall return the Program funds to the
extent costs or expenses are disallowed or misused as determined by the MTA.
7.1 Any withholding of funds, termination of the MOU, or imposition of any financial penalty
against GRANTEE under the Guidelines is subject to two-thirds affirmative votes by the
governing board of the MTA.
IN WITNESS WHEREOF, the GRANTEE and the MTA have caused this MOU to be executed by
their duly authorized representatives on the date noted below:
GRANTEE:
City of Santa Clarita
0
City Manager
DATE:
APPROVED AS TO FORM:
By:
NAME:
TITLE:
DATE:
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
0
ROGERSNOBLE
Chief Executive Officer
DATE:
APPROVED AS TO FORM:
Lloyd W. Pellman
County Counsel
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